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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I bought a property in May 2013 and today I went to use a disused

Customer Question

I bought a property in May 2013 and today I went to use a disused toilet as a log store and found it had an item belonging to my neighbours in it. When I asked if they wanted it as I wanted to use this building now they said it was a shared building and not mine. It is clearly within my land registry plan dated 1997 and given to me at the time of the sale but they produced a written document dated 1968 that says they have shared rights of it. This would no doubt have been when the toilet was the only toilet for all three cottages at the sight. Is it solely mine or do they still have rights? Thank you.

Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for the question. I will try to assist you but please do bear with me over the weekend if I do not get back to you within nanoseconds because we are all real people with weekends and families etc!
I need some more information please.
I appreciate that it is within your land Registry deeds plan. What exactly do the deeds say about the neighbours using this in your deeds and what exactly do the neighbours deeds say?
This is the second of these “privy” type questions that I have had this week and indeed, they are the only two “privy” questions I have had in the last five years! I don’t think it is the same one but it is an interesting coincidence.
What exactly is the written document? What does it say?
I do need the exact wording please, it will probably refer to the right to use a water closet.
did your solicitor raised this with you?
Thank you
Customer: replied 4 years ago.

Hi...there is nothing about it in my deeds so the issue was never raised by my solicitor. The first I knew about any issue of sharing it with my neighbour was now, almost 5 months after purchasing the property. It hadn't been used by either of us in that time to my knowledge. As far as I was concerned it was just an old disused toilet building on my land. Incidentally, there is no longer a toilet or water connection to it. I will have to ask them if I can see the document again for the exact wording. I will try tomorrow for this.


Expert:  James Mather replied 4 years ago.
No problem. We will exchange posts some time tomorrow.
If they refuse to let you have the document, they are not altogether sure of their facts or they are hiding something!
If that is the case, tell them to collect their stuff and get out of it because they are no longer allowed to use it.
I imagine that they have the right to use the water closet. If that is the right, then the situation becomes extremely complicated reasons which I will explain, once we know what their rights are and what this piece of paper is.